Ensure that the EU-led Mission is Transparent and Respects Human RightsIf it is to succeed, the EU-led international mission to Kosovo must subject its human rights record to much greater scrutiny and accountability than its United Nations predecessor. There has been little check on the exercise of the UN mission’s far reaching powers, undermining its legitimacy in the eyes of the population. The accountability gap in Kosovo was starkly illustrated in 2007 when UNMIK police responded to a violent protest in February with lethal force, resulting in the deaths of two protestors. The UN mission’s much-criticized handling of the aftermath highlighted the lack of independent mechanisms for accountability and oversight of UN police, which necessitated reliance on ad hoc solutions, and the potential for lasting damage to the reputation of international institutions in the absence of effective accountability. The Ombudsperson Institution, a key mechanism of accountability that enjoys broad confidence among Kosovo’s communities, has been undermined by confusion over its mandate, following its transformation from an international into a national body in early 2006. It was not until December 2007 that UNMIK confirmed that it remains subject to oversight by the Institution, a gap of almost two years in which the Ombudsperson had understandably declined to accept complaints against the UN. Its functioning has also been hampered by the failure of the National Assembly (Kosovo’s parliament) to agree a suitably qualified candidate for the post. The international community cannot expect to succeed in building democratic institutions in Kosovo if it is not prepared to subject its own record to independent scrutiny. It is particularly important in the case of the EU police and justice mission, since the nature of its functions is likely to give rise to individual human rights concerns. Recommendations:
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